The Research On The National Security Review Of Foreign M&A System Of US

Foreign Merger and Acquisition(hereinafter referred to “foreign M&A”)has become an important feature of economic globalization,and since China's reform and opening up,there is a rapid growth in quantity and quantity of foreign investment in China which has helped China's economic development,at the same time,buried hidden dangers too.The policy of "Introducing foreign capital" is a double-edged sword,if the foreign capital introduced into China has bad effects for China's key industries,especially controls China's key industries,it will bring bad effects to China's economic security.To establish a system to review the ongoing or coming foreign M&As which endanger national security and "kill them in the cradle " is a worldwide concern,finally,most countries chose to establish national security review system for foreign M&A(hereinafter referred to “security review system”)to settle this problem,that is what I am trying to research in this essay.In 2011,China's government issued the "Notice of the general office of the State Council on the establishment of the national security review system for foreign M&A "(hereinafter referred to as the "national security review notice")and "Provisions on the implementation of the security review system for foreign M&A by the Ministry of Commerce"(hereinafter referred to as the "national security review provisions")which come into force in September 1st of that year."national security review notice" and "national security review provisions" found the national security review system in China,but the legal rank of these two documents are not high enough which means it's difficult to arouse extensive attention of the society,what's worse,these two documents have too many imperfections and irrationalities to implement the expected purpose.The United States has the world's most perfect foreign M&A security review system,this article is based on the research on America's national security review system for foreign M&A,and try to put forward some the specific proposals for perfecting China's security review system for foreign M&A.The first chapter is an overview of the national security review system,that mainly introduces the concept of national security and related fields,effects of foreign investment on the investment country and host country,and the purpose,standard and legal basis of foreign investment review and foreign investment security review.In the second,third and fourth chapter,this article summarizes the evolution of the national security review system legal system of America,the censorship and the object of review,the review procedures of America's national security review system for foreign M&A.The fifth chapter mainly analyzes the legislative defects of China's national security review system for foreign M&A,and puts forward some suggestions on how to perfect China's national security review system for foreign M&A,with reference to America's successful experience.Finally,the conclusion is a summary of the whole article.